SAN FRANCISCO, CA – Two restaurants got hit this past week with claims that they manipulated time cards. Complaints were filed against Burritt Room and Tavern (in the Mystic Hotel near the Stockton St. Tunnel), and against North Beach Restaurant.
In the case against Burritt Room and Tavern, three plaintiffs allege management tampered with time cards to make it look like they had taken rest and meal breaks. The changes, plaintiffs’ say, “shaved” the hours they worked.
In the case against North Beach Restaurant, a waiter alleges management used point-of-sale software to record when workers started and ended their shift but would change the time stamps.
In wage and hour cases, often the biggest exposure stems from the plaintiff’s ability to recover attorney’s fees. So even if a waiter’s meal periods and/or overtime does not add up to much, the total owed if the case went to trial could easily be six figures. Defense counsel in both cases will want to have a very quick and honest discussion with management to find out why plaintiffs are saying what they are saying. Counsel will want to assess what evidence is out there for and against. Because attorney’s fees are recoverable in these cases, if the claims are at all true, early settlement makes sense.
|This blog reports on cases filed in and around the San Francisco Bay Area. The statements made are based on the allegations in court-filed documents. Allegations are just accusations, and may or may not be true.|
|The authors of the blog are attorneys at the San Francisco litigation firm,Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.|
Categories: Wage and Hour